| (1) |
Members of the National Assembly, excluding members of the Cabinet and Deputy Ministers, and permanent delegates shall be entitled to such salaries and allowances as the President may from time to time determine by proclamation in the Gazette, after taking into consideration— |
| (b) |
the role, status, duties, functions and responsibilities of different members of the National Assembly and different permanent delegates; |
| (c) |
affordability of different levels of remuneration of office bearers; |
| (d) |
current principles and levels of remuneration in society generally; and |
| (e) |
inflationary increases. |
| (2) |
Despite the provisions of subsection (1), a member of the National Assembly or a permanent delegate who holds different public offices simultaneously, is only entitled to the salary, allowances and benefits of such office for which he or she earns the highest income. |
| (3) |
Section 8(1)(d) of the Income Tax Act, 1962 (Act No. 58 of 1962), applies to such portion of the remuneration of a member of the National Assembly or a permanent delegate as the President may from time to time determine, as if that portion was an allowance granted as contemplated in that section. |
| (4) |
The President may, in terms of subsection (3), determine different portions in respect of different amounts of remuneration. |
| (5) |
The payment of salaries and allowances of members of the National Assembly and permanent delegates is subject to the rules and orders of the National Assembly and the National Council of Provinces, respectively. |
| (6) |
Subject to subsection (5), the Secretary to Parliament shall pay in monthly instalments to every member of the National Assembly or every permanent delegate who has begun to perform his or her functions in terms of section 48 or 62(6) of the Constitution, as the case may be, excluding members of the Cabinet and Deputy Ministers, the salaries and allowances to which such a member or delegate is entitled in terms of this section, the first month to be reckoned— |
| (a) |
in the case of a member of the National Assembly— |
| (i) |
designated in terms of item 16 of Schedule 2 to the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), as amended by Annexure A to Schedule 6 to the Constitution, from the first polling day of the election in question; |
[Subsection 6 (a) substituted by section 1(a) of Act No. 9 of 2000]
| (ii) |
nominated in terms of item 23(1) of the said Schedule 2 to fill a vacancy, from the date on which the previous member vacated his or her seat in the National Assembly or the date of receipt of the nomination by the Speaker of the National Assembly, whichever is the later date; and |
| (b) |
in the case of a permanent delegate, appointed— |
| (i) |
in terms of section 61(2)(I) of the Constitution from the first sitting day of the provincial legislature concerned after its election; or |
| (ii) |
in terms of section 2(3) of the National Council of Provinces (Permanent Delegates Vacancies) Act, 1997 (Act No. 17 of 1997), from the date of his or her appointment. |
[Subsection 6 (b) substituted by section 1(b) of Act No. 9 of 2000]
| (7) |
The amount payable in respect of salaries and allowances to a member of the National Assembly and a permanent delegate shall annually form a charge against the National Revenue Fund, and the provisions of this subsection shall be deemed to be an appropriation of every such amount. |
| (8) |
Any money paid to a member of the National Assembly or a permanent delegate in terms of the Payment of Members of Parliament Act, 1994 (Act No. 6 of 1994), prior to the coming into operation of this Act, shall be deemed to have been determined as such under this Act. |
National Small Business Act, 1996 (Act 102 of 1996)
